1 HOUSE OF REPRESENTATIVES - FLOOR VERSION

2 STATE OF OKLAHOMA

3 1st Session of the 56th Legislature (2017)

4 COMMITTEE SUBSTITUTE
FOR
5 HOUSE BILL NO. 1987 By: Jordan

8 COMMITTEE SUBSTITUTE

9 An Act relating to criminal procedure; authorizing

defendants to file application for certain
10 evidentiary hearing; providing time limitations for
filing applications and holding hearings; directing
11 district courts to file decision within certain
period of time; providing for codification; and
12 declaring an emergency.

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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

16 SECTION 1. NEW LAW A new section of law to be codified

17 in the Oklahoma Statutes as Section 1281 of Title 22, unless there

18 is created a duplication in numbering, reads as follows:

19 A. If the defendant intends to raise the question of

20 involuntary intoxication at the time of the offense of driving under

21 the influence of alcohol or a controlled dangerous substance or any

22 other intoxicating substance, the defendant may file an application

23 for an evidentiary hearing, together with affidavits setting out

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HB1987 HFLR Page 1

BOLD FACE denotes Committee Amendments.
1 those items alleged to be necessary for disposition of the issue of

2 involuntary intoxication.

3 B. The application for an evidentiary hearing shall be filed

4 with the court no later than thirty (30) days after formal

5 arraignment.

6 C. If the district court determines that an evidentiary hearing

7 should be held, the hearing shall be held within thirty (30) days

8 from the date that the application was filed by the defendant.

9 D. The district court shall file its decision together with

10 findings of fact and conclusions of law within forty-five (45) days

11 from the date of the conclusion of the evidentiary hearing.

12 SECTION 2. It being immediately necessary for the preservation

13 of the public peace, health or safety, an emergency is hereby

14 declared to exist, by reason whereof this act shall take effect and

15 be in full force from and after its passage and approval.

16

17 COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/01/2017 - DO PASS,

As Amended.
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HB1987 HFLR Page 2

BOLD FACE denotes Committee Amendments.